44In this respect, it must be pointed out that the Court has consistently held, with regard to the principle of sincere cooperation, now enshrined in Article 4(3) TEU, that, while the choice of penalties remains within their discretion, Member States must ensure in particular that infringements of EU law are penalised under conditions, both procedural and substantive, which are analogous to those applicable to infringements of national law of a similar nature and importance and which, in any event, make the penalty effective, proportionate and dissuasive (see, to that effect, inter alia, Joined Cases C-387/02, C-391/02 and C-403/02 Berlusconi and Others [2005] ECR I-3565, paragraphs 64 and 65, and Case C‑418/11 Texdata Software [2013] ECR, paragraph 50).
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